Backgrounder

C-27 Encroachment on Treaty Nations Jurisdiction

25/11/14

What is C-27?
In the spring of 2013 the Government of Canada passed C-27-First Nations
Transparency Act despite widespread opposition across the country. The new law
was to come into effect in July 2014. Indian and Northern Affairs Canada (INAC)
claims the legislation is meant to bring about more accountability and transparency
from leadership. However, after careful review of the legislation its purpose is aimed
at more control and paternalism from Ottawa. This legislation requires our Nations
to post audits on a public website hosted by INAC.

What are we dealing with?

As of October 27, 2014, the Government of Canada has started to send out threatening
letters to Treaty Nations who question the validity of C-271 Legislation. Indian Affairs
Minister Valcourt has said he would cut off funding to Treaty Nations that resist this
imposition. To cut off funding is designed to deny our families access to their livelihoods.
The coercion of the state on this matter is an atrocity. The Act does not improve the
capacity of our Nations to assume control over our own affairs. By focusing only on the
expenditures of the Nations, the legislation sidesteps larger systemic issues of funding and
responsibility for those issues.
Mandatory disclosure of consolidated audits to the federal government, including
information on non-government funds (sometimes referred to as own source revenues),
is troubling; especially if the federal government is withholding funds for non-compliance
as it could result in the federal government failing to meet its constitutional obligation to
provide essential services. All Canadians expect essential services. In no other place in
Canada do conditions of the coercive force of state exist as they do towards us.
Once again, First Nations become racially stereotyped as using and abusing tax payer
dollars. The sweeping mythical claims Suggesting that the funding is tax payers dollars
indicates that there is no examination of the source of those funds: from our lands and
resources. The monies voted from Parliament are used to fund the Ministers office and his
staff. Our Nations do not get fifty percent of the monies from the lands and resources. We
are thrown crumbs, putting us in a position of beggars upon our own lands.

What are CFA's?

Contribution Funding Agreement(s) often referred to as CFAs are the core funding that
comes from INAC each year to fund both essential and non-essential services. Essential

1

Bill C-27:
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=6072946&File=4&Col=1

Backgrounder

C-27 Encroachment on Treaty Nations Jurisdiction

25/11/14

services include things such as education, health, water, sanitation, Child and Family
Services, Social Services, housing, economic development. Essential services include all but
the following non-essential services: Band Support Funding, Band Employee Benefits,
Indian Registry Administrator (IRA) Funding, Band Based Capital. Proposal driven project
funding (Band based capital capital infrastructure, national child benefit, Education, P&ID
Governance) are also considered non-essential services.

The CFAs are intended to support Nation governance and operations. Through CFAs the
Government of Canada provides funding that must be spent according to agreed on
conditions. Spending is monitored and reviewed to ensure that these conditions are met.2
In her 2002 report, the Auditor General estimated that each reserve was required to file
168 reports annually to just the top four federal organizations receiving their reports.
In recent years the CFAs have been used by INAC and other government departments to
lock Nations into agreements that leave them with having little or no say with the contents
of the agreement. For example, in the 2012-2013 funding year, Nations were presented
CFAs that had newly drafted appendices that essentially were worded that the Nation who
signed the agreement(s) accept and consent to new legislation such as C38/C453 and in the
adjoining Reporting Handbook it states that the Nation would accept any future legislation.

Are there alternatives to a CFA to

transfer funds?
Other alternatives can include transfer agreements that currently exist between the federal
and provincial government. These transfers do not come with onerous reporting
requirements and respects the lines of authority that divide the two jurisdictions. Fiscal
transfer agreements for Nations will not only respect the jurisdiction of our governments,
but will also restore the relationship that we originally had and must have with the Crown.

How will it impact/ affect me?

Government is now using tactics intending for our Nations to bow to this legislation. In the
past month, a number of Nations governing authorities have received a letter from INAC
stating that if they do not meet the requirements of C-27, then on the 26th of November,
2014, funding for non-essential programs will be halted and further states that INAC will
cease funding of essential services on December 12, 2014. In addition, they intend on
shaming the Nations who do not submit by posting a list of non-compliant Nations. They
have even threatened to withhold salaries of leaders.

2

Contribution Agreements: http://www.hc-sc.gc.ca/fniah-spnia/finance/agree-accord/index-eng.php

Federal Government forcing First Nations to sign funding agreements giving up their treaty rights:
http://media.knet.ca/node/22502
3

Backgrounder

C-27 Encroachment on Treaty Nations Jurisdiction

25/11/14

Silence on this matter means that the government can violate the constitution and the
Treaties. It was the making of Treaties that allowed the subjects of the Crown to settle in
our Territories. Government and citizens of Canada want to forget this legal fact. However,
we maintain and uphold our Treaties.

Standing on our Inherent/ Treaty

position
We have a responsibility to uphold the legacy left for us by our ancestors to keep and
protect the land because we borrow it from our children and their children. Treaties were
the way in which our ancestors ensured our survival into the future and now we must do
the same.
We are Nations and peoples that have made an international Treaty with the Crown of
Great Britain and Ireland. The international definition of Nations is having a language,
culture, governance, peoples, and land we have ALL of this. We are not beasts of the
field as inaccurately proclaimed through such documents as the Doctrine of Discovery
(1493). Further, we are not Canadas First Nations. Our Nations and peoples have lived on
this vast land that we call Turtle Island for thousands of years with laws and a way of life
given to us by our Creator.
Treaties made with the Crown were based on terms of peace and friendship intended to
secure for our generations of peoples, a livelihood for as long as the sun shines, rivers
flow, and grass grows. The Crowns subjects were permitted access to our lands and
territories to the depth of the plow. In making Treaty, we agreed to be allies of Her Majesty
and not her subjects.
Having entered into Treaty with the Crown as allies, not subjects; our Nations and peoples
have never surrendered our identity through either conquest or by pledge of allegiance to
the Head of State, the Queen. The Crown, in supplicating to the good humanity of our
leaders to allow Her Subjects to live along side of our Nations and peoples, offered Treaty
annuities and assurances of fair and equitable compensation for the industry of Her
Subjects upon our lands. Canadas Citizenship Act (1947) refers to all citizens of Canada
upon our lands and territories.
When Canada was getting its Constitution from Westminster in 1982, there was a court
case taken to England by Treaty Peoples related to the obligations of the Crown to Indian
Treaties. In this case, Lord Denning wrote in 1981:

There is nothing, so far as I can see, to warrant any distrust by the Indians of the
Government of Canada. But, in case there should be, the discussion in this case will be
to strengthen their hand so as to enable them to withstand any onslaught. They will be
able to say that their rights and freedoms have been guaranteed to them by the Crown,
originally by the Crown in respect of the United Kingdom, now by the Crown in respect
3

Backgrounder

C-27 Encroachment on Treaty Nations Jurisdiction

25/11/14

of Canada, but, in any case, by the Crown. No Parliament shall do anything to lessen
the worth of these agreements. They should be honoured by the Crown in respect of
Canada as long as the sun rises and rivers flow. The promise must never be broken.

It is a fact that our Nations and peoples are entitled through Treaty to fair and equitable
compensation for the use of our lands. Money is allocated from Treasury Board for use by
Indian Affairs. Treasury Board allocates the money for Indians and lands reserved for
Indians because they are legally obligated under the constitution to release money. These
funds are not tax payers dollars but are entitlements for the use of our lands.
A Land Trust administered by the state of Canada since the making of Treaties with our
Nations and peoples is in effect set aside for this purpose. It is this trust that is drawn upon
to fulfil the legal obligations of the Crown in Right of Canada and not tax-payers dollars.
Canadian Peoples presence upon our lands is based on a mutuality of living in peace and
friendship. With a peace and friendship treaty, there is no need for continued fear-
mongering or misrepresentation.
Through treaty-making, we maintain a position of freedom from coercion and domination
to live the life intended by our Creator. It is with this in mind that we call to question the
intention of the government of Canada on its policies and legislation that claims to have
dominion over our Nations and peoples. Domination is never valid; never legitimate or
acceptable as long as the people continue to name it and for the record reject it, call it into
question and challenge it, stated Steven Newcomb (Nov 2014) at a recent Sovereignty
Summit at Ochawpowace Cree Nation, a Shoshone-Lenape scholar and author.

What is being done to oppose C-27?

It is time that the good citizens of Canada learn the truth of the Treaty relationship and put
to rest once and for all, the continued propaganda that is used to undermine our
jurisdictions. We are prepared to educate you directly; extend to us an invite to your AGMs,
or come to us. The Canadian Tax Payers Federation (CTF) initiated this appeal to the
government of Canada to pass C-27 legislation.
On December 3, 2014, the Federal Court will be hearing an application for judicial review of
the decision of the Minister of INAC to place a Nation under third party management for
refusing to sign a new multi-year CFA. The Thunderchild First Nation is challenging the
Ministers legal authority to place them under third party management; a remedy under the
CFA for those First Nations who are experiencing financial difficulty. Such is not the case
for Thunderchild. Although Thunderchild has not signed the CFA, they still receive all their
funds with one difference; that is a Third Party Manager administers and not Thunderchild.
Thunderchild is not alone in their refusal. There are other First Nations that have chosen
not to sign their amending agreements to their multi-year CFA and they still receive their
funds.

Backgrounder

C-27 Encroachment on Treaty Nations Jurisdiction

25/11/14

Currently, there are a number of Treaty and sovereign nations that have come together and
forged a commitment to work with one another to oppose the implementation of C-27. Part
of this includes Nations rejecting Canadas forced implementation of the legislation by not
submitting to the law vis-a-vie refusing to submit financial information to INAC for public
posting. Information on Thunderchilds case and additional strategies that are being
undertaken are as follows:

Litigation initiated by Thunderchild First Nations Judicial Review
o 9:30 am, December 3, 2014 at the Saskatoon court house
o Morning ceremony followed by a rally
Litigation initiated by Onion Lake Cree Nation to challenge the legalities of C-
27
o November 26, 2014 Press Conference at Ramada Inn, Edmonton
o Statement of claim and a Q and A in circulation, November 26, 2014
Utilizing international mechanisms to bring attention to Canadas coercive
threats
Localized education campaigns to inform people
o Nations Day of Prayer, held on November 22, 2014
o Media Release on C-27, dated November 25, 2014
o Backgrounder on C-27, posted on websites, November 26, 2104

What can I do?

You are already doing something by reading this website. You are getting to understand the
importance of maintaining a stand on Treaty. You can let others know. And keep getting
informed. Resist the opportunity to blame your own Nations leaders. It is a condition of the
oppressed to attempt to oppress in return.
Those Nations that have submitted their Audited Consolidated Financial statements in
conformity with C27 have done so under duress. Those that havent submitted are not
attempting to hide anything from their peoples; they believe through their actions that
Treaty is the Highest Law in Canada.
We remind Canada that our Treaty is intact of which we will continue to honour. We do not
and will not adhere to legislation of your order of government that infringes on the Honour
of the Crown in her dealings with our Nations. Our Nations are being abused we will
defend our position as Nations and peoples who are one of the Treaty parties.